Higher Education and Research Bill

Lord Broers Excerpts

Committee: 1st sitting (Hansard): House of Lords
Monday 9th January 2017 Lords Chamber

[Baroness Cohen of Pimlico (Lab)]

My Lords, I am grateful for the noble Lord’s comments, because I have the greatest possible difficulty with this amendment, for a reason that nobody in the Committee has stated this afternoon. The amendment, as drafted, risks disqualifying—and hence turning some into sheep and some into goats—a whole group of bodies that have been given degree-awarding powers and the title of university since the legislation enabling that in 2004. I should declare an interest in that I am chancellor of BPP University, which is one of the biggest of the new, private universities. We were given degree-awarding powers in 2007 and, much to our great pleasure, were awarded the title of university in 2013.

What do I find when I read the proposed new clause? We would be supposed to provide a full range of subjects—but we do not and never did, although we have a full range of business subjects. Many of my colleagues in the 60 or 70 institutions that have gained degree-awarding powers are in the same place. This clause would just put us somewhere else. It gets rather worse as it goes on, with the second proposed new clause, at which point “UK universities” become separated from other, for-profit universities. We would somehow have ceased to be UK universities, but surely we are constituted under the 2004 legislation—so what would happen? Would we all be universities, with the title, or would we in some way not be, as UK universities become the sheep and the rest of us become the goats?

I have a real problem with this proposed new clause. The legislation was perfectly all right as originally drafted, when we were all higher education providers, but this clause would, for I think many of us, throw a real spanner into the works right at the beginning of the Bill. I would have to oppose the amendment were we to take a vote.

[Lord Broers (CB)]

My Lords, I speak as a past vice-chancellor of Cambridge, but more importantly, I have associations with universities all around the world and other universities here in the UK. I support the proposed new clause but also support the need to give it further consideration. I will make just one point: it does not mention governance, and whether universities not only are autonomous but have the right to determine how they govern themselves. This has been a matter of some consideration over the years in various universities, and we debated it intensely in Cambridge at one time. Universities should be allowed to determine their own form of governance, and some words need to be included in a clause like this to say that. It would be a good idea not to go ahead immediately with the proposed new clause but to discuss it much further, particularly taking into account the independence of universities in determining how they govern themselves.

[Baroness Warwick of Undercliffe (Lab)]

My Lords, I thank my noble friend Lord Stevenson for tabling this important amendment, and I join others in supporting it. I declare the interests that I declared in my contribution at Second Reading.

This is the first major Bill on higher education for a generation, and it will have far-reaching consequences. One of its aims, as we have heard, is to extend university title considerably. It is a matter of great concern to me that this legislation has so far made no attempt to define what a university is, its role in society more widely or, particularly, what we expect these new universities to do.

There has been so much change in the sector that I can see there is a need for regulatory reform, and I am in favour of it. I am in favour of raising the profile of teaching and of providing incentives for high-quality delivery. I am certainly not against change or challenge—universities have always changed in response to perceived social and economic needs—and new entrants to our higher education sector throughout its long history have ensured its diversity and the spread of excellence that we are so rightly proud of today.

We will have an opportunity to discuss university autonomy specifically and in detail in the next group but the threats to it contained in the Bill, and its proposals regarding university title, seem to undermine what we understand as the function and value of a university. They will endanger both the quality of our universities and the reputation of UK higher education overseas. So although I acknowledge the difficulties in providing a definition, as the noble Lord, Lord Willetts, and others have suggested, I think we have to go down the path of having this clause at the front of the Bill. I believe it is an essential step in mitigating the risks that I perceive.

As others have said, the Minister could go some way to alleviating my anxieties by responding to some questions. Does he agree that offering an extensive range of high-quality academic subjects, delivered by excellent teaching and supported by scholarship and research, is what has given our universities world-leading status? Does he recognise that universities’ contribution to society, through the pursuit, dissemination and application of knowledge and expertise locally, nationally and internationally, is made possible by their status as autonomous institutions, free to act as critics of government and the conscience of society? Does he agree that UK universities must uphold the principles of academic freedom and freedom of speech and ensure that they promote freedom of thought and expression? Will he tell us what his Government mean by a university and, if he cannot, will he allow the amendment, or something like it, to stand?

Attempts to articulate the meaning of a university have a distinguished history, from Humboldt and Newman in the 19th century through to the 1963 Robbins report and the Dearing inquiry in 1997. The proposed new clause echoes some of what Robbins said. He defined four objectives essential to any “properly balanced” higher education system. They included “instruction in skills”, balanced by the objective that universities must also promote the,

“general powers of the mind”,

to produce “cultivated men and women”. He said that teaching should not be separated from the advancement of learning and the search for truth, since,

“the process of education is itself most vital when it partakes of the nature of discovery”.

Robbins’ final objective was,

“the transmission of a common culture and common standards of citizenship”.

Some of the wording may now sound arcane, but the principles are still profoundly right. Robbins recognised the importance of universities’ autonomy and the principle of academic freedom. He included in that the right of academics to be active citizens and to pronounce on political questions, making universities the home of public intellectuals and a creative and independent cultural force.

The Bologna declaration, signed by the heads of most European universities in 1988, further enshrined principles that the university is an autonomous institution with the distinctive mission of embodying and transmitting the culture of its society; that teaching and research must be inseparable; and that freedom in research and training is the fundamental principle of university life. For Dearing, the central vision was the need for the UK to develop as a learning society in which higher education would make a distinctive contribution through teaching at its highest level, through the pursuit of scholarship and research and, increasingly, through its contribution to lifelong learning.

Clearly, we attach a great deal to “the university”. Having the title “university” carries significant reputational implications because of all that is meant by the word. As UUK and others have warned, it is essential that new providers can demonstrate that they can provide high-quality education. Any new higher education provider awarding their own degrees or calling themselves a university must meet the same high requirements as existing universities. The bar to entry must be high in order to protect students and the global reputation of the sector. We need robust criteria for new entrants that reflect the role of universities in teaching, research and scholarship, as well as wider civic and social roles. I believe the new clause will help to achieve that.